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11/01/1984 Regular Meeting?KOD�IAK!IS2M BOPMU41 ASuEALY14EETING - November 1, 1984 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER Mayor Peterson called the meeting to order at 6:37 p.m. in the Borough Assembly Chambers. II ROLL CALL Present Absent Mayor Peterson Ms. Barker Mr. Blankenburg Mrs. Cater Mr. Naughton Mr. Rounsaville Mr. Wakefield Mr. White A quorum was established. III ACCEPTANCE OF AGENDA Mayor Peterson noted an addition to the agenda under VI COMMUNICA- TIONS & APPEARANCES item H. Appointment of Assembly members to the various boards & commissions. The manager asked for the addition under IX MANAGER'S REPORT of item B-3 KMXT Lease. Mr. Naughton moved to accept the agenda with the additions. Seconded by Mr. Blankenburg. Motion carried by unanimous voice vote. Mayor Peterson presented a certificate of appreciation and also a plaque to Mr. Dennis Murray for his contribution as a Borough Assemblyman. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - Oct. 4, 1984 B. Assembly - Spec.- Oct. 12, 1984 Mr. Wakefield moved to adopt the minutes of previous meetings of October 4 and 12, 1984. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. V MINUTES OF OTHER MEETINGS A. Fire Protection Area 111 Advisory Board - Sept. 4, 1984 B. Kodiak Island Mental Health Center Adv. Board - Aug. 27, 1984 C. Planning & Zoning Comm. - Reg. - Sept. 19, 1984/ Oct. 11, 1984 D. K.I.B.S.D. - Reg. - Sept. 24, 1984 / Spec. - Oct. 3, 1984 E. Kodiak Sanitary Landfill Committee - Sept. 25, 1984 F. Bells Flats/Russian Creek Advisory Board - Oct. 11, 1984 Mr. White moved to acknowledge receipt of items A through F under minutes of other meetings. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Boards & Commissions 1. Lorna Arndt: Representing the Personnel Board. 2. Steve Rennell: Representing the P & Z Commission. B. P & Z Commission Appointments (1 City Seat & 1 Borough Seat) Mayor Peterson re -appointed Dan James for the City seat. Mr. White moved to ratify. Seconded by Mrs. Cater. Motion carried i IgIB t4SSIDSL?i MTG. ,'} Npv. ' , '�985: by unanimous voice vote. Page 2 Mayor Peterson appointed Mike Anderson for the Borough seat. Mr. White moved to ratify. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. C. Mental Health Advisory Board Appointments (3 Seats) Mayor Peterson re -appointed Jean Gardner and Guy Powell and also appointed Mr. William C. Hogan. Ms. Barker moved to ratify. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. D. Hospital Advisory Board Appointments (2 Seats) Mayor Peterson re -appointed Ben Ardinger and Wilton White. Mr. White moved to ratify. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. E. Bells Flats/Russian Creek Service District Appointment (1 Seat) Mayor Peterson appointed Edward Gondek to the vacant seat. Mr. White moved to ratify. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. F. Res. No. 84-116-R Commending Phillip C. Anderson For Service To The Kodiak Island Borough. Mr. Naughton moved to adopt Resolution No. 84-116-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. G. Letter from State of Alaska re: FY 1987 Land Disposal Program Mr. Wakefield moved to acknowledge receipt. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. H. Appointment of Assembly Members to various Boards & Committees Mayor Peterson appointed the following: Don Rounsaville - Architecture Review Board Ann Barker - Hospital Advisory Board Phil Anderson (retained) Sanitary Landfill Committee Eric Blankenburg - Sanitary Landfill Committee Frances Cater - Auditorium Committee Dave Wakefield - Deputy Mayor. Mr. White moved to ratify the appointments. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. *** BOARD OF ADJUSTMENT A. Appeal of Planning & Zoning Commission's decision on a request for an exception from Section 17.17.020 (Permitted Uses) of Borough Code to permit the extraction of approximately 90,000 cubic yards of rock material from a rural residential lot: Lot 2 Block 3 Monashka Bay AK Subdivision. (Arnold A. Tweeten) (Res. No. 84-112-R) Mayor Peterson closed the regular meeting and reconvened as the Board of Adjustment. Elaine Hunter-Rennell: (I would like to represent the Monashka Planning Group) In the survey that the residents conducted, the preference for Monashka was for its scenic, secluded, attractive- ness as residential area. They are concerned about the affect on their property values. They are concerned with tree loss, noise and traffic. We have a concern in regards to the enforceability of whatever figure is set on the amount of gravel to be extracted. We have a concern with topsoil being replaced. We have a concern about hours of operation. Dan Maciak: (lives next door to the lot) I am definitely opposed to it. It is against the Code. It is a commercial venture. Susan MacLean: I live in the Monashka Bay area. The Borough Code does clearly say that gravel extraction is a permitted use in an �) KI$ A8SEtbLY MTf. -1 NOVA. 11 1J84 Page 3 industrial area and not in a residential area. The people in the Monashka Bay area do own those lots for their secluded, scenic and beautiful character. I strongly urge the Borough Assembly not to allow this gravel extraction to occur and to affirm the Planning and Zoning Commission's decision. Lorna Arndt: I think we should control this "dictatorship". I don't think one neighbor should be telling another neighbor how to prepare his lot. Jim Ashford: I am a customer of Mr. Tweeten's. I am in favor of �~ rock extraction. We're creating a "monopoly". We're saying only certain people can do the rock extraction. Dave Herrnsteen: I am against rock extraction in a residential neighborhood. Daniel Miller: I am against this "strip mine project". This has been hurting a lot of us out there in Monashka Bay. They just don't have any consideration for the people that live out there. Roger Smith: I am against the rock extraction. Stan Wolrich: I live across the street from the lot where the rock extraction is taking place. I feel that Mr. Tweeten is engaged in public harrassment or something like that. Steve Rennell: I live in the area. I have voted in favor of gravel extraction on two occasions. One was for the removal of a small amount for a homesite and the other was away from the residential area. I am against this specific area. Richard Collins: I live in Monashka Bay. I am "dead" set against this. Mr. Wakefield moved to adopt Resolution No. 84-112-R Affirming The Decision Of The Planning And Zoning Commission Denying A Request For An Exception From Section 17.17.020 (Permitted Uses) Of The Borough Code To Allow The Excavation Of Rock And Gravel From A Rural Residential Lot for the following reasons: 1. The request does not meet the conditions for granting an exception in that it: A. Is inconsistent with the general purpose and intent of the rural residential zoning district, and B. It will adversely impact other properties and uses in the neighborhood. These adverse impacts include: excessive noise due to blasting and rock removal on site, and a radical change in the character of the neighborhood. 2. The proposal to remove large quantities of rock from this lot is not the sole alternative to develop this lot, 3. The adverse public testimony, and 4. The applicant did not have a concrete development plan with a specific figure for the amount of material to be removed. Seconded by Mrs. Cater. Mr. White moved to amend the motion to include Mr. Falatko's comments objecting to the rock extraction in the record. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Motion as amended carried by unanimous voice vote on Resolution No. 84-112-R. Mayor Peterson closed the Board of Adjustment and reconvened the regular Assembly meeting. VII PUBLIC HEARINGS A. Ord. No. 84-54-0 Amending Title 2.16.130 Of The Borough Code Of Ordinances Concerning Meeting Agenda. Mr. White moved to adopt Ordinance No. 84-54-0. Seconded by Mr. Naughton. Regular Session closed: Public Hearing opened: NO COMMENTS. i ;I K14 A"EgLY MTQ - INov,7 19 104 Page 4 Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote on Ordinance No. 84-54-0. B. Ord. No. 84-55-0 Renaming Certain Streets And Alleys Within The City Of Kodiak. Ms. Barker moved to adopt Ordinance No. 84-55-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote on Ordinance No. 84-55-0. C. Ord. No. 84-56-0 Amending The Personnel Rules And Regulations Affecting The Finance Department And Fire Service District. Mr. Wakefield moved to adopt Ordinance No. 84-56-0. Seconded by Mrs. Cater. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Mr. White moved to table Ordinance No. 84-56-0. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Mayor Peterson excused Mr. Naughton at 7:50 p.m. from the meeting. D. Ord. No. 84-57-0 Amending Ch. 17.13, C-Conservation District, Of The Borough Code. Mr. Wakefield moved to adopt Ordinance No. 84-57-0. Seconded by Mr. Rounsaville. Mr. Wakefield moved to amend by moving items L. Lumber mills and sawmills; M. Lumber yards, building material manufactures or sales; and N. Seafood processing establishments and their dormitories from 17.13.020 Permitted uses to 17.13.030 Conditional uses as items G. H. and I.. Seconded by Mr. White. Amendment carried by unanimous voice vote. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion as amended on Ordinance No. 84-57-0 carried by unanimous voice vote. E. Ord. No. 84-59-0 Amending Ch. 17.17, RR1 - Rural Residential District Of The Borough Code. Mr. White moved to adopt Ordinance No. 84-59-0. Seconded by Ms. Barker. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried 5-1 with Mr. Wakefield casting the NO vote on Ordinance No. 84-59-0. F. Ord. No. 84-60-0 Amending Ch. 17.57, Off -Street Parking And Loading, Of The Borough Code. Mr. White moved to adopt Ordinance No. 84-60-0. Seconded by Mrs. Cater. i �aIB-ASSAMBIN MTG.')- 4v.--�, 9984' Page 5 Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote on Ordinance No. 84-60-0. VIII OLD BUSINESS A. Ord. No. 84-46-0 Revising Ch. 17.53, Recreational Vehicle Parks, Of The Borough Code. (Reconsideration) (Mr. White moved to reconsider and spread on the minutes. Seconded by Ms. Barker.) Motion carried 5-1 with Mr. Wakefield casting the NO vote. (Ms. Barker moved to adopt Ordinance No. 84-46-0. Seconded by Mr. Murray.) (Mr. Murray moved to amend under under 17.53.040 A. by re-inserting the word thirty. Seconded by Mr. Naughton. Amendment carried 5-1 with Ms. Barker casting the NO vote.) Motion as amended on Ordinance No. 84-46-0 failed by unanimous voice vote. B. Ord. No. 84-58-0 Rezoning ADL 44355 And A Portion Of Tract "B" Of BIM Tract "D" From Conservation To Public Use Land And Industrial. (Reconsideration of first reading) (Mr. White moved to reconsider and spread on the minutes. Seconded by Mr. Wakefield.) Motion for reconsideration failed by unanimous voice vote. Ix MANAGER'S REPORT A. November Meetings Nov. 1 - Assembly Worksession - 12:00 noon Conference Room Regular Assembly Meeting - 6:30 p.m. Assembly Chambers Nov. 7 - Meeting with Ester Wunnicke, Commissioner, Dept. of Natural Resources - 6:30 p.m. Conference Room DNR Public Hearing - 7:00-9:00 p.m. Assembly Chambers Nov. 8 - AML Policy Statement Joint City/Borough Meeting - 12:00 noon Conference Room Nov. 14-17 Alaska Municipal League - Anchorage Egan Conv. Center Nov. 17 - Kodiak Island Borough Land Sale #9 - 11:00 a.m. - Assembly Chambers Nov. 22 - Happy Thanksgiving Nov. 29 - December Meeting Packet Worksession - 7:30 p.m. Conference Room B. Other Business 1. Staff Reports Mr. Wakefield moved to acknowledge receipt of the Staff Reports. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. 2. Marmot Island Timber Harvest Review Mr. Blankenburg moved that Staff respond to Dept. of Natural Resources, Div. of Forestry, stating that 1) The request meets the requirements of the Borough Zoning Code (Title 17) and the requirements of the Conservation Zone; and 2) The request is consistent with the Borough's Coastal Management Program (CMP) subject to the following policies: (a) Sustained Yield and (b) Habitat Protection. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. 3. Letter from KMRT re: 10 year lease Mrs. Cater moved to authorize Staff to execute a ten year lease with RMXT for space in the Borough building. Seconded by Mr. Rounsaville. Motion carried 5-1 with Mr. Wakefield casting the KJB '4SSEMBL`$ MTG. i Ncv. '�, 184,1 Page 6 NO vote. R NEW BUSINESS A. Ballot Burning (1) Regular Election - Oct. 5, 1982 (2) Run-off Election - Nov. 2, 1982 (3) Special Election - Jan. 11, 1983 (4) Regular Election - Oct. 4, 1983 Mr. Blankenburg moved that the ballots be burned the next windless day before the end of November between 4:00 and 4:30 p.m.. Seconded by Mrs. Cater. Mr. Blankenburg moved to amend that the date be November 20. Seconded by Mrs Cater. Amendment carried by unanimous voice vote. Motion as amended carried by unanimous voice vote. Mayor Peterson directed Eric Blankenburg and himself to be present on November 20, 1984 for the burning of the ballots. B. Ratification Of Cooperative Agreement Between S.C.H.P. & D, Inc. And The R.I.S. Mr. Wakefield moved to ratify the Cooperative Agreement between the South Central Health Planning and Development, Inc. and the Kodiak Island Borough and also to appoint Linda L. Williams to be the Kodiak representative to the S.C.H.P. & D. Board of Directors. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. C. Res. No. 84-113-R Authorizing Execution Of Contract Amendments No. 8 & 9 With URS Company For Design Services For Water And Sewer Improvements In Service District No. 1. Mr. Wakefield moved to adopt Resolution No. 84-113-R. Seconded by Mrs. Cater. Motion carried by unanimous roll call vote. D. Res. No. 84-114-R Authorizing The Execution Of A Modification To Amendment No. 3 To The Contract With URS Company For Design Services For Project No. 84-1, Service District No. 1 Water And Sewer Improvements. Mr. Wakefield moved to adopt Resolution No. 84-114-R. Seconded by Mrs. Cater. Motion carried by unanimous roll call vote. E. Res. No. 84-115-R Opposing Federal Limited Entry In The Halibut Fisheries. Mr. White moved to adopt Resolution No. 84-115-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. F. Res. No. 84-117-R Adopting The Larsen Bay Comprehensive Develop- ment And Capital Improvement Plan Dated July 1984. Mr. Wakefield moved to adopt Resolution No. 84-117-R. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. G. Res. No. 84-118-R Adopting The Ouzinkie Comprehensive Develop- ment And Capital Improvement Plan Dated July 1984. Mr. White moved to adopt Resolution No. 84-118-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. H. Ord. No. 84-61-0 Reverting From A Mayor/Manager Form Of Govern- ment To A Mayor Form Of Government. (1st Rdg.) Mr. White moved to adopt Ordinance No. 84-61-0 in the first reading. Seconded by Mr. Rounsaville. Motion carried 4-2 with Mr. Blankenburg and Mr. Wakefield casting the NO votes. I. Ord. No. 84-62-0 Amending Title 15, Buildings And Construction. (1st Rdg.) `AIB!_�SSBM3ii1 e)964- Page 7 Mr. White moved to adopt Ordinance No. 84-62-0 in the first reading. Seconded by Ms. Barker. Motion carried by unanimous voice vote. J. Ord. No. 84-63-0 Amending Chapter 8.12 Of The Kodiak Island Borough Code Requiring Litter Prevention Measures By Contractors And Other Persons Hauling Material. (1st Rdg.) Mr. White moved to adopt Ordinance No. 84-63-0 in the first reading. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. K. Ord. No. 84-64-0 Amending The Class Title, Pay Range And Job Description Of The Personnel Rules And Regulations. (1st Rdg.) Ms. Barker moved to adopt Ordinance No. 84-64-0 in the first reading. Seconded by Mrs. Cater. Motion carried 5-1 with Mr. Blankenburg casting the NO vote. L. Ord. No. 84-65-0 Amending The Personnel Rules Pertaining To Longevity Reward. (1st Rdg.) Mrs. Cater moved to adopt Ordinance No. 84-65-0 in the first reading. Seconded by Me. Barker Mr. Rounsaville moved to amend by changing item (b) by inserting the words an additional after the word "service" and changing the "10%" to 5% and by changing item (c) by inserting the words an additional after the word "service" and changing the "15%" to 5%. Seconded by Ms. Barker. Amendment carried by unanimous voice vote. Main motion as amended carried 4-2 with Mr. Blankenburg and Mr. White casting the NO votes. M. Ord. No. 84-66-0 Rezoning Lots 1-7 And 9-17, Block 3, Port Lions Alaska Subdivision, Second Addition From The Conservation District to the Rural Residential Two District. (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 84-66-0 in the first reading. Seconded by Mr. White. Motion carried by unanimous voice vote. N. Ord. No. 84-67-0 Amending Chapter 17.02 Comprehensive Plan Of The Borough Code. (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 84-67-0 in the first reading. Seconded by Mr. White. Motion carried by unanimous voice vote. Mayor Peterson presented Mr. Phillip C. Anderson with a plaque and also read the resolution commending him for his service to the community. 0. Kodiak Island Hospital Financial Statement - August 1984 Mrs. Cater moved to acknowledge receipt. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. P. Borough Building Handicapped Access Ramp Contract Award Mr. White moved to award the contract to Unlimited Construction Co. in an amount not to exceed $7,890. Seconded by Ms. Barker. Motion carried by unanimous roll call vote. Q. Mental Health Handicapped Apartment Contract Award. Mr. White moved to award the contract to Unlimited Construction Co. in an amount not to exceed $30,000. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. R. Computer Room Air -Conditioning Purchase Award. Mrs. Cater moved to authorize the purchase of a five ton skil-aire airconditioning system from R.W. Campbell, Inc. of Seattle in an amount not to exceed $7,500. Seconded by Mr. Wakefield. Motion ) (j K1}B ASSEMBLY MTq. I NA). fl 1984 Page 8 carried 5-1 with Mr. White casting the NO vote. XI MAYOR'S COMMENTS I would like to thank the Assembly, the people that showed up and also the people listening on KMXT for their patience with me, this being my first night to chair the Assembly. Please forgive me for the minor mistakes that I did make. XII ASSEMBLY COMMENTS Ms. Barker: I would like to welcome the Mayor and our two new Assembly members on board and to re -welcome Lonnie back. I think this is going to be a real good group and I'm looking forward to the new year. Mr. Blankenburg: None. Mrs. Cater: I've been quite concerned about several recent instances of drivers passing school buses when the buses stop to load or unload children. I would like to commend all of those that have tried to cooperate to stop this practice before we have a tragedy. We are stopping to protect the school children and not some other authority. Mr. Wakefield: I would like to welcome the new members and the mayor. I must admit this is one of the shortest and least controversial meetings I have ever been to in quite a while. Mr. Rounsaville: I would just like to thank the people for giving me this opportunity to serve and I look forward to a good tenure. Mr. White: I still have a concern about uniform building code and gravel extraction. Mr. White moved to direct Staff to interpret the isolated lots under the uniform building code to be only those lots that are not adjacent to other lots and all other lots will be developed in full accordance with the Kodiak Island Borough Code. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. XIII AUDIENCE COMMENTS James Harris: I live at mile 41 on the Chiniak Road. I have a grievance to express to the Borough on the upcoming land sale #9. More specifically, Lots 1-A and 1-B in the Chiniak sale. I have lived on what used to be Lot 1 for nine years. I had a permit to be there. It seems like somewhere down the road, I have been swept under the carpet. I have put a lot of improvements on this lot. I did not get any preferential bid rights is one of my complaints. I would request that this property be withdrawn from the sale, at least until the improvements have been properly assessed. Mr. Anderson: I would like to comment on the same item as Mr. Harris. We passed an ordinance about eighteen months or two years ago requesting these people to come in and get special use permits. It was well publicized and the people in Chiniak knew about it. I am quite sure Mr. Harris knew about it and he could've come in at that time and got a permit on that property. He could've been living there legally and paying rent each month. That is why we passed the ordinance, so that these people could come in and be on the land legally. Mr. Harris did not choose to do that. Also, while I am up here, I would like to say that I have enjoyed working with the people on the Borough Assembly, Jerome and Mickie through the past years. I would like to welcome Mr. Peterson, the new Mayor and Mr. Rounsaville and Mr. Blankenburg as new Assembly members. I hope you enjoy it as much as I did while I was there. Lorna Arndt: On the recreational vehicle ordinance, since you are only allowing 180 days for each vehicle will the Borough only charge for the water and sewer during the usage time and not the other six months? It is not feasible for anyone to put in an RV park where you cannot have 80% year round in it. Another thing, according to the notice in the paper regarding amounts of taxes due. When you go into pay the bill, they say there is more owing. The bill should show the total amount. fIB ASSEhBV? MTG. 9 Nqv. RIV ADJOURNMENT Page 9 Mr. Rounsaville moved to adjourn. Seconded by Mr. Wakefield. Mayor Peterson adjourned the meeting at 10:33 pm. I)A-WAA a B rough Mayor ATTEST: 'J'z" D c/o�-' Borough Cle 1 ••�..�..M.ra�r r�mrWl7 _ -71q MR So ftd Kadik AK WS October 9, 1984 KOalak Isfand 9orauQh NOTICE OF APPEAL HEARING CEIVED OCT FROM THE BOROUGH AS3LIBLY, SEATED AS A BOARD ( �6 OF ADjUSTMEINT�11011111211)2) An appeal hearing will be held in the Borough Thursday, November 1 1984 Assembly Chambers , on at 6:30 P.M., during the regular Borough Assembly meeting, on the following appeal: Appeal of Planning & Zoning Commission Decision on exception from Section 17.17.020 (Permitted Uses) to a request for an Borough of Code permit the extraction of approximately 90,000 cubic yards of rock material from a rural residential lot; Lot C, Block Alaska Subdivision. (Arnold A. Tweten) 3, Monashka Bay You are being notified because you are either the above referenced area the property owner of or a property owner above described area. 1 vicinity map of the living within the reverse of this form. area is shown on the All interested individuals will be given the opportunity to be heard at the public hearing, after which the Borough Assembly may pass or reject the requests with or without amendments. If you cannot atteni, you may submit a written opinion which will be read into the record if it is received prior to the meeting. Should You wish to comment briefly, this form may be used and returned to the Borough Clerk. If you have any questions, please call 436-5736 ext. 232. KODIAK ISLAND BOROUGH CLERK YOUR NAME h -oil -�W_YtGf YOUR PROPERTY DESCRIPTION CMMENTS : ADDRESS 6/3/ () 5 1 %Pi6tdt"&